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HomeMy Public PortalAbout1969_03_11 146 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 11, 1970. A regular meeting of the Leesburg Town Council was held in the Council Chambers , 10 West Loudoun Street , Leesburg , Virginia , on March 11, 1970 at 7 :30 P.M. The meeting was called to order by Mayor Rollins , with Councilman Pumphrey offering the prayer . Those present were : Mayor Kenneth B . Rollins , Councilmen G. Dewey Hill , Frederick R. Howard, Walter F . Murray, Robert A. Orr, John W. Pumphrey and John A. Wallace , Jr. ; also Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. . ' The Minutes of the regular meeting of February 25 , 1970 were approved as written. Town Manager Ritter reported as follows : 111 (1) A copy of the Edwards Ferry Road Agreement between the Town and Mrs . Carr is before you tonight and should be approved. This will accomplish our purpose . An agreement has been reached with Mr. John Wallace on his share of the cost of construction, and Lee Phillips is revising the construction plans to conform to what we want - 'we should get them the first of the week . VEPCO and the Telephone Company have been advised so that they can move their lines . (2) We have received notification that we will receive the next portion of our Federal Grant on the Sewer Program in the amount of $152 ,800. We have already received $346 ,000, so this will make a total of $498,000 to date . There is still another $124,000 to come to make the total $622 ,000 . (3) Next Wednesday night at 8 :00 P.M. , there will be a joint meet- ing (or work session) of the Council and the Planning Commission to dis- cuss with Greenhorne and O 'Mara the proposed Master Plan . This meeting will be held in the Town Office Building. (4) We have received a communication from Mr. Scheetz , represent- ing the Rust heirs , stating that they still want $35 ,000 for their land; they feel this is a fair and reasonable figure . This will be discussed at the Utility Committee meeting next Monday. (5) He has received a copy of the Northern Virginia Planning Commission minutes , in which the status of the Commission is discussed. All eligible jurisdictions have joined except Loudoun County, Leesburg and Manassas Park . He talked with Mr. Steger, Senior Law Enforcement Planner for the Commission, yesterday to see if we can get some Federal money for another radio for the Police car. It looks as though we would have to be a member before we would be eligible for any Federal money . This should be taken into consideration. (6) The Highway Department will hold a Public Hearing on April 8th at 10:00 A .M. in the Board of Supervisors meeting room on the South- west Quadrant of the Leesburg By-Pass , as well as the location of the Hamilton By-Pass . (7) We have received no official word from Mr. Phillips on the land needed for the Hospital Road, but he understands he is trying to get the other two owners together . (8) We have a copy of a letter sent to the Department of the In- terior by Frank Myers regarding the Myers Well , notifying them that he is terminating his Agreement with them in 30 days , which would make the termination date March 30th. We will hold up any appropriation for this Well until the Agreement has been terminated . (9) We still have not been able to repair the bottom of the wate tank, which creates a bufden on the other wells . Myers Well is pump- ing about 200,000 gallons a day - just about around the clock; Paxton about 225,000 gallons and Phillips-Nickels about 70,000. (10) Item 2 on the Agenda should not be a resolution, it is just a statement of the position of the Committee . (11) Re Item 4 on the Agenda , this easement would be between the present Merle Norman Shop and the building to the south of it - it would extend between the two buildings , across the Times -Mirror land and the Harrison property on over to Church Street . 147 MINUTES OF MARCH 11, 1970 MEETING . (12) The Addition to the Agenda takes the place of Item 5 . (13) He has contacted Reed, Hoyt , Washburn and McCarthy regarding the date by which we would have to notify them of the amount of the Bond Referendum and they said we should let them know a month ahead of the referendum vote . Mayor Rollins re-emphasized the importance of the Public Hearing on April 8th concerning the location of the Southwest Quadrant of the By-Pass , as well as the location of the road from that point on to Pur- cellville . This is a rehearing and the Town has taken the position that this section should follow the Railroad light-of-way up to Clark ' s Gap. Another factor has been added now, which does not affect the Leesburg By-Pass itself, but the Highway Department has come up with a third al- ternative from Clark 's Gap to Hamilton. Councilman Hill asked that the Laws and Administration Committee consider increasing the ABC license hours to 1:00 A.M. , in order to bring this into line with the County law. • He asked Mr. Ritter the deadline date on business licenses . Mr. CO o Ritter said licenses are due on July 1 and the penalty is added on July 15th. - M_ Councilman Howard asked if there is a chance that Mr . Phillips and the other owners might accept our offer . Mr. Ritter said we have had no answer at all yet . Mr. Howard asked if we have made a bona fide offer to them. Town Attorney Martin said he did not think so. - -A Public Hearing was held at this time on the following rezoning application, with Mr. Forbes pointing out on the map the exact location of this property : • XIV Joint Venture , Maurice F. Biddle , Trustee , contract owner, to have rezoned from R-1 to R-3 Lots 6 through 19, -inclusively , of Valley View Subdivision, containing approximately 15 acres of land, and bounded by Davis Avenue on the north ; lands of Phillips and Kaufman on the east ; land of -the Commonwealth of Virginia on the south and Lee Avenue on the west . • Mr. Sam Engle , representing Mr. Maurice F. Biddle , the contract owner of this property, presented to Council a plat of the land in question, as well as pictures of the type of town houses proposed, and spoke at length, pointing out the favorable aspects of using this land for this purpose . He then introduced -Mr. Biddle , who stated that he and his associates would propose to go ahead with this project just as soon as the final plans can be made for financing the project , and which financing is already available as soon as the zoning is approved. The following persons addressed Council, expressing their various objections to this rezoning : Mr. Arl Curry, Mr. Lester Sturgill, Mr. James VanStavoren, Mr . Welby Sowers and Mr . Howard Burleson, all resi- dents of Prospects Hills , with the exception of Mr. Curry , who has built a good many of the houses in this area . The Public •Hearing was then closed and discussion followed by Council members . Councilman Murray explained that the Planning Commission recommended approval of this rezoning because they felt this a good location for town houses . He cited other reasons for the Commission ' s approval, as well as the fact that there was no opposition at the Commission hearing. Councilman Orr voiced his vehement objections to thi's rezoning, cit- ing the many reasons he objects . Councilman Hill asked if there were any objections at the Planning Commission Hearing, and it was pointed out that no-one appeared against it , although it was advertised in accordance with regulations in the Loudoun Times-Mirror for the usual two-week period. Mr . Hill then asked if there was any idea of a By-Pass at the time this property was zoned R-1 . Councilman Murray said he imagined it had always been zoned R-1. 148 MINUTES OF MARCH 11, 1970 MEETING . Mayor Rollins voiced his approval of this zoning, stating that he did not believe single-family homes could be erected on this long nar- row piece of land unless they would be in the low-price range, which he would certainly not advocate . However, he does believe the •Town is becoming over-burdened with town houses . On motion of Councilman Murray, seconded by Councilman Wallace , the rezoning request of XIV Joint Venture, Maurice F. Biddle, Trustee , was granted by a roll call vote of 6 to 1, with Councilman Orr casting the dissenting vote . A Public Hearing was held at this time on the following rezoning• application, with Mr. Forbes pointing out the location on the map. Mayor Rollins disqualified himself from voting on this application: since he is an adjoining property owner, and pointed out that a tie vote would defeat this rezoning , if such should occur. Gold Star Homes, Inc . , contract purchaser, to have rezoned from R-2 to B-2 that portion of 40 acres of land that fronts on South King Street (800 .2 feet) for a depth of 450 feet , and from R-1 . and R-2 to R-3 the remaining portion of the 40 acres . Said tract is bounded by the lands of Loudoun County School Board, Curry and Herndon on the north; South King Street , McAlpin , Champ, Jackson and Harris on the east ; McAlpin , Champ, Jackson, Titus and Rollins on the south; and Rollins, Rogers , Loudoun County School Board and White on the west . Mr. Lewis H. Griffith, Attorney representing Gold Star Homes , Inc . , presented to Council the proposed plans for this property if rezoned, and the advantages to be derived therefrom. He then presented Mr. Ed Dove , Certified Land Surveyor for the contract purchaser, who presented and explained the plans proposed for this area if rezoned, pointing out the advantages to the Town . Mr. Griffith then asked for approval of the Council since this rezoning has already been approved by the Planning Commission. Councilman Orr asked how wide the street would be into Prospect Hills from Route 15 . Mr. Lewis said this would be a 40 ' wide street with a 70 ' right-of-way and this would connect Dry Mill Road to Route 15 . Councilman Hill asked how the proposed internal street system would be maintained. Mr. Griffith said the individuals who purchase these properties would be assessed and required to participate in the com- munity association which would provide the maintenance of these streets . This community association would be a non-profit group governed by the State Corporation Commission. Councilman Orr asked how they would plan to finance these homes . Mr. Griffith said Gold Star Homes would have a commitment for the construction of these homes and FHA and VA financing would be available for prospective purchasers , however , all purchasers would have to provide their own financing . Mr. Griffith introduced1Mr. Randy Carter of Warrenton, one of the heirs of the Carter property, who . stated he was very much in favor of this rezoning . Speaking against this rezoning was Mr. Phil Gum, a resident of Prospect Hills . Also, Mr. Frank Raflo, as spokesman for the approxi- mately 50 citizens present in opposition to this rezoning application, addressed Council , stating that they challenged the validity of this hearing on the basis that it was not properly advertised. Although 12 adjoining property owners were mentioned in the advertisement , there were 8 property owners who were not listed. Also, . there is some ques- tion as to whether a contract purchaser can qualify as either owner of his agent . If he does not qualify , then all adjacent property owners should have been notified by letter. Mr. Raflo read a prepared state- ment , setting forth their objections to this rezoning, and requested that the Council refer this back to the Planning Commission for another hearing in order that they might be heard. Councilman Murray said he believed everybody ' s views should be heard and he could not vote on this question with this much opposition being presented. On motion of Councilman Murray, seconded by Councilman Howard, Council voted by unanimous roll call vote, with Mayor Rollins abstaining, that this application be referred back to the Planning Com- mission to be readvertised and, in the advertisement , the present owners of abutting property be listed. 149' • MINUTES OF MARCH 11, 1970 MEETING . Mayor Rollins stated that he had done some legal research on this and, while he does no-t .believe this is illegal, he thinks it fair that the present owners of abutting property be listed hereafter. He asked that the Planning Commission take this into consideration in the future . Councilman Hill asked if it is up to the applicant to make sure that the •right property owners are listed, or is this up to the Zoning Ad- ministrator? Mayor Rollins said this would be up to the applicpt , but the Zoning Administrator should check it out with the Commission7of Revenue before advertisement . Mr . Raflo suggested that the land in • question be posted in at least one place . Mayor Rollins also pointed 111 out that the applicant in this case will not have to pay another fee . Mr. Arundel of the Times-Mirror stated that the Town would not be charged for reprinting the advertisement . Councilman Orr said that he and Councilman Murray went over the bids on the Cablevision Franchise - Councilman Wallace having disqualified himself -since he was accountant for one of the firms bidding . They nar- rowed it down to the two local firms bidding, believing that Council could have better control over a local firm. They found several good points for each of these bids , but they did not feel that the two bids were far enough apart for just two members to make a decision, therefore, CO they are asking the Council to discuss this and make the decision. O Councilman Murray said they would like to have both applicants expand on their proposals and they would like to ask some questions as well . Mayor Rollins said he had reservations as to whether questions should be answered after each of the applicants has had opportunity to examine each C other 's bids , since these were sealed bids . However, there was no objection to hearing both parties . Mr. Thomas Monahan, representing the Loudoun Times Publishing com- pany , explained the bid of this Company , citing the many advantages pro- posed by them to the Town, and answering many questions propounded by various members of Council with regard to the System. Mr. Frank Heckel and Mr. Arthur Arundel also made brief remarks regarding the merits of their System. • i Mr. Lucien Rawls of TransAmerican Airports , Inc . , explained their bid, elaborating on this proposal. He also answered questions from various members of Council. Councilman Orr, as Chairman of the Finance Committee, then gave a brief resume of the proposal of each Company . On motion of Councilman Murray, seconded by Councilman Howard Council.. oted.bv a roll call vote of 4 for, 1 against , . I abstentaond/l dhuqu e hiiStononthe Cablevision Franchise be awarded to Transamerican Airports , Inc . , and that we accept Option A - Cash Payment . Voting against the motion was Councilman Orr, and abstaining were Councilmen Hill and Wallace. The Franchise awarded reads as follows : AN ORDINANCE GRANTING UNTO TRANSAMERICAN AIRPORTS, INC. , ITS SUCCESSORS AND ASSIGNS, AN EXCLUSIVE FRANC-1SE, RIGHT. OF CON- VENIENCE OR PRIVILEGE TO •ERECT, OPERATE AND MAINTAIN POLES, CABLES AND ALL OTHER ELECTRICAL EQUIPMENT, STRUCTURES, OR FIXTURES NEC- ESSARY AND INCIDENTAL TO THE OPERATING OF A COMMUNITY ANTENNA SYSTEM SERVICE AND CLOSED CIRCUIT TELEVISION TRANSMISSION SER- VICE, SUBJECT TO THE LIMITATIONS AND RESTRICTIONS HEREIN SET FORTH UNDER, OVER, UPON AND ACROSS THE STREETS, ALLEYS, SIDE- WALKS, AND PUBLIC PLACES OF THE TOWN OF LEESBURG, VIRGINIA, FOR THE PURPOSE OF ERECTING, OPERATING AND MAINTAINING A COMMUNITY ANTENNA SYSTEM AND CLOSED CIRCUIT TELEVISION TRANSMISSION SER- VICE FOR THE USE OF THE RESIDENTS AND CITIZENS OF SAID TOWN, AND FOR THE PERSONS, FIRMS AND CORPORATIONS DOING BUSINESS THEREIN, AND TO USE THE PROPERTY OF OTHER COMPANIES UPON SUCH ARRANGEMENTS AND CONDITIONS AS THE COMPANIES MAY AGREE. BE IT ORDAINED, by the Council of the Town of Leesburg , County of Loudoun, State of Virginia : SECTION 1. Short Title . This Ordinance shall be known and may be cited as the--71-Cablevision Franchise Ordinance . "- 150 MINUTES OF MARCH 11, 1970 MEETING. - SECTION 2 . Definitions . For the purpose of this Ordinance the following terms , phrases , words , and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future , words in the plural number include the singular number and words in the singular number include the plural number . The word "shall" • is always mandatory and not merely directory . (1) "Town" is the Town of Leesburg, Virginia . (2) "Company" is the grantee of rights under this Franchise . (3) "Council" is the Town Council of the Town of Leesburg, 111 Virginia . (4) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. • (5) Whenever used in the Ordinance, the words "audio, " "video, " "television , " and "frequency modulation" shall mean a sys- tem for transmission of audio signals and visual images , or the separate transmission of either of them, by means of electrical impulses . SECTION 3 . Grant of Authority . There is hereby granted by the Town to the Company the exclusive right and privilege to con- struct, erect, operate and maintain, in, upon, along, across , above, over and under the streets , alleys , public ways and pub- lic places now laid out or dedicated, and all extensions thereof, and additions thereto, in the Town, poles , wires , cables , under- ground conduits , manholes and other television conductors and fixtures necessary for the maintenance and operation in the Town of a community television system for the interception, sale and distribution of television signals . SECTION 4 . Compliance with Applicable Laws and Ordinances . The Company shall , at all times during the life of this Franchise, be subject to all lawful exercise of the police power by the Town, and to such reasonable regulation as the Town shall here- after by resolution or ordinance provide . SECTION 5 . Company Liability--Indemnification. It is expressly understood and agreed by and between the Company and the Town that the Company shall save the Town harmless from all losssus- tained by the Town on account of any suit, judgment , execution, claim, or demand whatsoever, resulting from negligence on the part of the Company in the construction, operation or maintenance of its television system in the Town. The Town shall notify the Company 's representative in the Town within Ninety (90) days after the presentation of any claim or demand, either by suit or other • - wise, made against the Town on account of any negligence as afore- said on the part of the Company . The Company shall also take out and maintain throughout the term of this grant insurance against personal injury with limitations of not less than $100 ,000 - $300 ,000, and insurance against prop- erty damage in amounts of not less than $50,000 - $100 ,000 for the benefit of the Town of Leesburg , Virginia . SECTION 6 . The Company shall install its poles , wires , cables, fixtures and appurtenances in accordance with the requirements of the National Electrical Code and the current edition of the National Electrical Safety Code , and so as not to interfere with the installation of the Town, or of any public utility engaged in serving the Town. All poles, posts , or other structures , and all lines , equipment and connections in, over, anchlundef the streets , sidewalks , alleys and public grounds or places of the Town, wherever situated or located, shall at all times be kept and maintained in a safe, suitable and substantial .condition, and in good order and repair. 151: MINUTES OF MARCH 11 , 1970 MEETING. SECTION 7 . (a) The distribution facilities of the Company shall be at all times maintained in good and safe way and con- dition and shall be constructed and maintained so as not to in- terfere with television reception by inhabitants of the Town of • Leesburg not using the Company 's services . • (b) In the maintenance and operation of its television transmission and distribution system in the Town of Leesburg and in the course of the construction of additions to its facilities , the Com- pany shall proceed so as to cause the least possible inconveni- ence to the general public , and any opening or obstruction in the streets or other public places made by the Company in the course of its operations shall be maintained iri accordance with - the applicable ordinances of the Town of Leesburg . (c) In the erection of the amplifiers , other appliances or equip- ment and in stringing of cables and/or wires as herein authorized, the Company shall avoid all unnecessary damage and/or injury to any and all shade trees in and along the streets , alleys, and public ways and places in the Town and shall cut and otherwise injure such trees only to the extent necessary for the construc- tion; maintenance , operation and repair of said cables , wires , amplifiers , appliances and other fixtures of the Company, as herein authorized and provided. G SECTION 8 . Conditions on Street Occupancy . (1) Use . All transmission and distribution structures , lines and equipment erected by the Company within the Town shall be so located as to cause minimum interference with the proper use of streets , alleys and other public ways and places , and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets , alleys or other public ways and places . (2) Restoration . In case of any disturbance of pavement , side- walk, driveway or other surfacing , the Company shall, at its own cost and expense and in a manner approved by the Town Inspector; replace and restore all paving, sidewalk, driveways or surface of any street or alley disturbed, in as good condition as before said work was commenced. (3) Relocation. In the event that at any time during the period of this Franchise the Town shall lawfully elect to alter, or change the grade of, any street, alley or other public way, the Company , upon reasonable notice by the Town, shall remove , relay, and re- locate its poles , wires , cables , underground conduits , manholes and other telephone fixtures at its own expense . (4) Placement of Fixtures . The Company shall not place poles or other fixtures where the same will interfere with any gas , elec- tric or telephone fixture, water hydrant or main , and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line , and those placed in alleys shall be placed close to the line of the lot abutting on said alley , and then in such a manner as not to interfere with the usual travel on said streets , alleys and pub- lic ways . (5) Temporary Removal of Wire for Building Moving . The Company shall , on the request of any person holding a building moving permit issued by the Town , temporarily raise or lower its wires to permit the moving of buildings . The expense of such temporary removal , raising or lowering of wires , shall be paid by the person requesting the same , and the Company shall have the authority to require such payment in advance . The Company shall be given not less than forty-eight hours ' advance notice to arrange for such temporary wire changes . MINUTES OF MARCH 11, 1970 MEETING. (6) Tree Trimming . The Company shall have the authority to trim trees upon and overhanging streets , alleys , sidewalks and public places of the Town so as to prevent the branches of such trees from coming in contact with the wires and cables of the Company, all trimming to be done under the supervision and direction of the Town and at the expense of the Company . (7) Existing poles , posts , and other such structures of telephone and power companies for leasing or licensing at reasonable terms shall be used as practicable in order to minimize interference with travel . SECTION 9. Town Rights in Franchise . (1) Town Rules . The right is hereby reserved to the Town to adopt, in addition to the provisions herein contained and exist- ing applicable ordinances , such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations , by ordinance or otherwise, shall be reasonable , and not in conflict with the rights herein granted, and shall not be in conflict with the laws of the State of Virginia . (2) Supervision and Inspection. The Town shall have the right to supervise all construction or installation work performed subject to the provisions of this Ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinances . (3) All rights , rights of way , and easements hereinabove desig- nated shall remain the property of the Town. Until such time as said poles or other equipment are actually installed, and in the event of future removal of said equipment , said franchise shall immediately revert to the Town and be automatically cancelled. Should said franchise not sooner revert to the Town, then this grant shall terminate and expire Thirty (30) years from the effec- tive date hereof, it being understood that the Company shall have the right , at any time during the effective term of this grant, to surrender and relinquish all of its rights hereunder and thereupon be released from its duties as herein required. Surrender by the Company of this grant shall be preceded by a written notice of its intention to do so at least six (6) months before the surrender date . On the surrender date specified in such notice , all of the rights and privileges and all of the ob- ligations, duties and liabilities of the 'Company under this ordi- nance, except previously accrued hereunder, shall terminate . SECTION 10 . Time Period for Installation. The Company shall have Twenty-four (24) months from the effective date of this ordinance within which to erect, install and energize its system. Failure of the Company to erect, install and energize its system within this period shall be determined a breach by the Company , and the Town shall have the option to cancel the rights given to the Com- pany by this franchise . SECTION 11 . Payment to Town. Amount of payment to be determined by bid. SECTION 12 . Approval of Transfer . This franchise shall not be transferred unless such transf r has received the approval of the Town Council of the Town of Leesburg. SECTION 13 . Bond. The person or corporation to whom such fran- chise is awarded shall first execute a bond in favor of the Town, pursuant to Section 15 . 1-312 of the 1950 Code of Virginia , as amended. SECTION 14. Publication 'Costs . The Company shall assume the cost of publication of this Franchise as such publication is required by law. A bill for publication costs shall be presented to the Company by the Town Treasurer upon the Company 's filing of ac- ceptance and shall be paid at that time . 15'3- MINUTES OF MARCH 11, 1970 MEETING. SECTION 15 . Severability of Provisions . If any provision of this Ordinance , or the application thereof to any person or circumstances , is held invalid the remainder of this Ordinance and the application of such provision to the person or circum- stance shall not be affected thereby and to this end the pro- visions of this Ordinance are declared to be severable . SECTION 16 . Effective Date . This Ordinance shall take effect from the date of its passage . The bid accepted for this Franchise reads as follows : (a) A rental payment of $750 .00 at the end of the first year of operation . (b) A rental payment of $1250 . 00 at the end of the second year of operation. (c) A rental payment of $1500.00 at the end of the third year of operation. (d) A rental payment of $2000 .00 at the end of the fourth year . O of operation and at the end of each year thereafter in- cluding the end of the eighth year. (e) A rental payment , payable at the end of each succeeding year after the eighth, consisting of a sum equivalent to Five- percent (5%) of the net profit after taxes of the operation of the cable and closed-circuit system. Councilman Orr left the meeting at this time , leaving only six members of Council present . On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : $ 695 .00 - New Copystat Photocopier. General Fund - Capital Outlay . 5 . 35 - A & E Blueprinters . Printing during month of January. 1969 Bond Issue . 15,840 . 00 - English Construction Co . for Est . #16 on Con- tract S-I . 1969 Bond Issue . • 16 ,709.63 - Maryland Excavators for Est . #2 on Rt . 15 Sewer Line . 1969 Bond Issue . 1,667 . 51 - Maryland Excavators for Est . #3 on Rt . 654 Sewer Line . 1969 Bond Issue . On motion of Councilman Pumphrey, seconded by Councilman Howard, the following resolution was unanimously adopted : WHEREAS, Walter L. Phillips has made a survey for the location of a future storm sewer from King Street in the downtown busi- ness section to a point in S . Church Street, and WHEREAS , it is deemed advisable to secure an easement for this storm sewer at this time , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that the Town Manager be authorized to negotiate with the property owners involved for this easement. On motion of Councilman Murray, seconded by Councilman Pumphrey, the following resolution was adopted by 5 votes for, with Councilman Wallace abstaining : 15 4 MINUTES OF MARCH 11, 1970 MEETING. WHEREAS, the Town of Leesburg is contemplating an improvement to Edwards Ferry Road, between Mayfair Drive and the East Cor- porate Limits , and WHEREAS, Mr. John Wallace has agreed to participate in the • cost of construction of the project by paying $15 ,096 .50, repre- senting the cost of 1795 lin. ft . of curb and gutter and 1749 lin . ft . of median curb, plus $3 ,352 .00, representing one -third of $10,056 .00, which represents the overall increased cost of the project, and WHEREAS, Mr. Wallace has asked the Town to delay for two (2) years the principal payment in the amount of $27 ,400 due on the Airport Bond on September 1, 1970, -and WHEREAS , this method of payment is satisfactory with the Town of Leesburg , NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Leesburg, that First and Merchants National Bank be requested to delay the Town of Leesburg 's payment to the Bank in like amount due on July 1 , 1970 for a period of two . (2) years . On motion of Councilman Pumphrey, seconded by Councilman Murray , the following Agreement was unanimously adopted: This agreement made this 11th day of March, 1970 by and be- tween THE TOWN OF LEESBURG, a municipal corporation, Party of the First 'Part, and LESLUKE CORPORATION, Party of the Sec- ond Part . WITNESSET H: Whereas , the Town proposed to improve the Edwards Ferry Road in said town by constructing a two lane roadbed with open ditches ; and Whereas , Lesluke Corporation owns land fronting on the section to be improved and wishes to enhance the value of its land by having a four lane divided highway with concrete 'curb and gutter and a fourteen foot median strip with concrete curbing constructed instead; and Whereas , said corporation, in order -to secure such construction, is willing to contribute to the cost thereof, WITNESSETH : The Parties hereto agree that : 1. Lesluke Corporation will pay $69,652 .00 toward the cost, if construction thereof is completed within the year above stated. • 2 . The improvement of said road will be done according to plans prepared by Walter N. Phillips , Civil Engineer. 3 . The Town will have said road constructed to contain four lanes divided by a fourteen foot median strip with concrete curbing and gutter and agrees to let the contract therefor within sixty days from the date hereof if the bids are accept- able to the Town and the decision as to the acceptability of the bid shall be in the sole discretion of the Town . WITNESS the following signatures and seals : (S E A L) THE TOWN OF LEESBURG ATTEST: By Mayor Clerk (SiE A L) LESLUKE CORPORATION ATTEST : • By President Secretary 155 MINUTES OF MARCH 11, 1970 MEETING. Mr. Ritter said a separate agreement will have to be drawn up with Mrs . Carr regarding her portion of the payment on this . Also, Mr. Ritter is to work out an agreement with Tri-County Asphalt on this proiect . On motion of Councilman Howard, seconded by Councilman Hill, the attached form to be used by the Zoning Administrator for rezoning ap-. plications was unanimously adopted. . Councilman Hill suggested that Mr. Forbes check to see if the Zoning Ordinance would have to be amended to permit a sign to be posted on property proposed for rezoning . p Mr. Moody reported that most of the• work is completed on the raw sewage pumping station on the site of the new Sewage Treatment Plant, with the exception of the brick work above ground. It looks now like it will be the middle of April or the 1st of May before we can get the Plant into operation. There still remains a lot of clean-up work to be done in the Control Building . There being no further business , the meeting adjourned at 10 :40 P.M. cS) •I: Pe•-•341-ra-a- ed--e-Z.L1 O // Mayor Clerk of e Council • • r • • • t r- r. . • �' .. TOWN OF LEESBUPO, V RG];: A APPLICATION FOR ZONTN7: NAP ANENDME T TO THE COUNCIL FOR THE TO!:'.. CF '_ERSi'.UR:, VIRGINIA: I, of (Owner or Contract Owner) (Address) (Specify) (Sy.°t. ) do hereby request that (acres) of land located on the side of Street and bounded by on the north, "asps of each current property owner or street) on the east, iNames of each current property owner or str77 on the south, (Names of each current property owner or street) and on the west, (Names of each current property owner or street) now designated as on the Leesburg Zoning Map be (District) rezoned to . (District) Signature of owner or contract owner Date - Telephone Number NOTE TO APPLICANT The following shall be submitted with this application: 1. A filing fee in the amount of $100.00 payable to The Town of Leesburg, Virginia. 2. Three (3) copies of an accurate plat showing the boundaries and the area of the property proposed to be rezoned, or if the property is a lot of record, three copies o° the deed. Application No. Referred by Council to Planning Commission on 19 Public Hearing by Planning Commission on 19_ Recommendation by Planning Commission Date Public Hearing by Council on 19_ Action taken by Council Date 19_ t1 f